Course Catalogues / Courses / Description

Price: 3950 €

• An introduction to Trade Practices law

• Assist in navigating the rules and requirements of the trade practices regulatory environment

• Highlight key areas of compliance and develop practical methods of dealing with compliance issues

• Assist in the management of risk in the area of trade practices law

• Learn to practically apply the law to ensure organisational management of any potential exposure

• How to respond when a complaint arises under the trade practices law

• Examine topical and new areas of development within trade practices

The Trade Practices Act remains the most important and influential piece of legislation in commerce today. Every aspect of commercial practice is driven by the regulatory requirements of the Trade Practices Act. It essential that businesses are aware of their obligations under the Act and what they must do to ensure they discharge these obligations.

A fundamental objective of Trade Practices Law is to provide a concise introduction to the Australian trade practices legal framework. It will assist practitioners in identifying the key areas of exposure for their organisations. This will assist in determining what practical steps can be taken to ensure obligations are discharged and risk is managed effectively.

The course will cover the key issues which arise and include a detailed discussion of recent developments and how these impact on business.

The course will cover a broad range of topics from markets and competition to the important areas of misleading and unconscionable conduct.

Fundamentals of Trade Practices Law is an intensely practical one day course which is delivered in an interactive format.

There will be significant use of case studies to highlight legal points. The course will enable participants to identify areas of legal risk within their organisations and this will assist in the development of systems of risk management. The case studies will also develop participants' skills which will assist them to maintain currency once they have completed the course.

WHO SHOULD ATTEND?

This course is relevant for ALL those who have some dealings with contracts and trade practices in their every day business environment. Relevant people could range from contract advisors who work with contracts every day, to General Managers, CEO’s, Marketing Managers and Business Development Managers.

Course Details

Course Registration:          8:15am
Course Commencement:    8:30am
Course Conclusion:            5:00pm

Break Times:
Customised to suit participant requirements

Explanation of Timings:
These times act as a guide and may modify slightly depending on the depth of interactive class discussion and whether assessments are being conducted

Course Program:
This program is a guide and may alter to better address participant requirements on a consensus basis

The Regulatory Framework The Constitutional framework for trade practices The terminology of trade practices The Trade Practices Act 1974 and its application The administrative framework and the Australian Competition and Consumer Commission (ACCC) The role of the judiciary in trade practices law Markets and Competition Defining market The judicial interpretation of market Product dimension The importance of geography in markets Competition in markets Market power Lessening of competition in the market Anti Competitive Conduct The definition of anti-competitive agreements Outline of the anti-competitive agreement provisions Primary and Secondary boycotts Restraints of trade Price Fixing What is price fixing? Recommended prices What is resale price maintenance? Group buying and selling Authorisations Collusive tendering Information sharing Misleading and Deceptive Conduct The scope of Section 52 of the Trade Practices Act What business conduct is misleading and deceptive Representations and the statutory prohibitions How to assess whether conduct is misleading or deceptive Practical examples of conduct The use of silence, puffery, disclaimers etc. The interaction with common law causes of action

Unconscionable Conduct The definition of unconscionable conduct under the Trade Practices Act Unconscionability at common law and in equity The statutory framework and identification of relevant factors How to manage unconscionability in practice What factors indicate unconscionable behaviour Unfair Practices Gifts and prizes Misleading conduct and services Bait advertising Referral selling Harassment and coercion Pyramid selling Consumer Transactions The statutory framework and overlaps in legislation Implied terms Manufacturers liability Product safety The impact of the common law The practical pitfalls and solutions Enforcement, Penalties and Remedies The framework of enforcement and remedies The role of the ACCC Investigations and evidence Pecuniary penalties Injunctions Statutory defences Compliance procedures Damages and the relevant rules

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